HBA-LCA C.S.H.B. 2260 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2260
By: Noriega
Public Education
4/16/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a school district (district) may enter a contract,
without competitive bidding, for the repair or replacement of equipment
that is severely damaged or destroyed, without competitive bidding, if it
determines that the delay associated with the competitive bidding process
would impair the conduct of classes or other school activities. 

C.S.H.B. 2260 authorizes the board of trustees (board) of a school district
to enter a contract for repair or replacement, without competitive bidding,
of a school facility that is severely damaged or destroyed.  This bill also
allows a board to bypass competitive bidding when a portion of a school
facility experiences a major operational or structural failure. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 44.031(h), Education Code, to authorize the
board of trustees of a school district to make a contract for replacement
or repair a school facility, in addition to school equipment, that is
destroyed, damaged, or that has experienced operational or structural
failure, by a method other than the contract methods required by this
section. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by changing the caption to read,
"relating to contracts for the replacement or repair of public school
equipment or public school facilities," rather than "relating to contracts
for the replacement or repair of public school equipment or portions of
public school facilities." 

The substitute modifies the original in SECTION 1 to make changes
conforming to the modified caption.